Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 29

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          rights as to the allocation of the partnership interests, and               
          (9) petitioners’ sons were at all times in control of the                   
          transaction.  I also query as to this case why a charity would              
          ever want to receive a minority limited partnership interest, but           
          for an understanding that this interest would be redeemed quickly           
          for cash, and find relevant that the interest was subject to the            
          call provision that could be exercised at any time.                         
               4.  Conclusion                                                         
               The majority has placed its stamp of approval on a                     
          transaction that not only is a prime example of clear taxpayer              
          abuse but has as its predominant (if not sole) purpose the                  
          avoidance of Federal taxes.  The majority has done so either                
          because it does not recognize the abuse or, more likely, that it            
          feels impotent to stop the abuse.  The majority has gone as far             
          as to condone taxpayer-abusive behavior by allowing petitioners             
          to deduct a charitable contribution for amounts which will never            
          benefit a charity.  For these and the other reasons stated                  
          herein, I dissent.                                                          
               VASQUEZ, J., agrees with this dissenting opinion.                      















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